Donation agreement for a share of land (sample): registration procedure, documents, cost

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Published: November 28, 2016

Reading time: 10 min

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Land has been highly valued at all times and on all continents. It is not for nothing that the richest nobles were considered those who owned the maximum amount of land.

Currently, the value of this production resource has not decreased at all..

This is precisely what accounts for the special status of such a gift and the difficulty in transferring the entire plot. And here the donation of a share of land will come to the rescue. However, it has its own nuances that need to be remembered.

Legislative regulation
How to make a deal and donate a share?
What sections should the contract contain?
Does it make a difference what to give - a plot with or without a house?
Financial costs for registration and taxes when donating a share

Features of land donation

A land plot is classified as real estate (Article 130 of the Civil Code of the Russian Federation).

It can be divided between several owners in two ways:

With the definition of shares in ownership. In fact, the territory is not assigned to the owners; they determine the features of use independently. The size of the shares is determined by them. If it is not defined, it is assumed that the right of ownership belongs to everyone in equal shares.
With the determination of the procedure for using shares (part) of the site. An agreement or a court decision determines not only the share in property rights, but also a specific territory - clearly establishing boundaries for the owners.

You can donate both a share in the property right and a part of the land. In the first case, it is enough to simply draw up a deed of gift (hereinafter referred to as DD), in the second - first allocate a share (define the territory), then draw up a deed of gift.

Important! If the plot is jointly owned without allocation, it belongs to the owners on equal rights, conditionally divided 50/50. To make a gift, you must first allocate a share by agreement or through the court, and only after that draw up a DD.

Donation of a share of land and a residential building

According to Art. 35 of the Land Code of the Russian Federation, alienation of land without buildings located on it is not allowed. If the donated territory is defined, and a house is located on it, the deed of gift is drawn up for it as well.

When donating a share in the property right, the share in the buildings built on the site is also alienated. For example, if ½ is transferred, then the donee will be able to use the property with the second owner on equal rights.

Another confirmation of the above is contained in Art. 1 of the Land Code of the Russian Federation, which speaks of the unity of fate of plots and real estate objects firmly associated with them. Separate alienation is contrary to the law.

Legal advice: if you want to donate a share of land with a house, first enter into an agreement on the procedure for using the site and premises with the second owner.

Procedure for allocating a land share

The formation of a land plot on account of a share for its subsequent alienation is carried out in accordance with the provisions and procedure established by Art. 13 Federal Law No. 101 dated July 24, 2002. It should be understood that we are talking about the formation of a new land plot by allocating into private ownership an area commensurate with the share in the ownership of the common land plot.

For your information

Article 13 of Federal Law No. 101 provides for two options for the formation of a new land plot - by decision of a general meeting of co-owners or by cooperation with a cadastral engineer and his development of a land surveying project. For shareholders who decide to allocate a share on their own, the second option seems more appropriate.

Let's consider the procedure for allocating a share of a land plot step by step:

Thus, the allocation of a share begins with contacting a cadastral engineer and ordering a land surveying project from him (Clause 4, Article 13 of Federal Law No. 101 of July 24, 2002).
When preparing a project, the cadastral engineer provides other co-owners of the land plot with the opportunity to familiarize themselves with it and submit objections and proposals for its revision. The period for familiarization with it cannot be less than 30 days before the approval of the specified project (clause 6, article 13.1 of Federal Law No. 101).
Notification of the co-owners of the plot about the possibility, place and procedure for familiarizing themselves with the land surveying project is published in the local media (Clause 7, Article 13.1 of Federal Law No. 101). Thus, the owner of the share has the need to place an advertisement in the local newspaper about the opportunity to familiarize himself with the project.
If no objections regarding the size and boundaries of the allocated plot are received within a month, then the project is considered approved . The absence of objections is recorded by the cadastral engineer by drawing up an appropriate conclusion (clause 12, article 13.1 of Federal Law No. 101). After this, the land surveying project is approved by the decision of the share owner (clause 5, article 13.1 of Federal Law No. 101).
The land surveying project prepared by the engineer and other documents (land management file) are subject to certification by the land committee of the administration of the locality to which the site belongs. After this, the committee issues the owner a cadastral plan for the plot and assigns it the corresponding number .
The last stage will be the registration of the ownership rights to the plot that have arisen for the share owner with the Rosreestr authorities. It is carried out by submitting an application and the necessary documents, after which the owner receives a certificate of ownership of the land.

What is needed to donate a share of a plot of land?

As mentioned earlier, to alienate a share in property rights, it is enough to conclude a DD. However, this requires that the object be owned by the donor.

If there is no record about the plot in the Unified State Register of Real Estate, the owner must first:

Coordinate the allocation with the owners of neighboring plots.
Order surveying. The procedure is usually paid for by citizens who decide to “secede.”
Coordinate the survey results with other owners.
Approve the cadastral plan in the cadastral chamber.
Conclude an agreement, register property rights in Rosreestr.

If the land is classified as agricultural, a fee of 100 rubles is paid for registering the share. In other cases you will have to pay 350 rubles.

After which the owner can donate his share to any citizen or legal entity.

How to correctly draw up a donation agreement for a share of an apartment and avoid mistakes?

Donation agreement for a residential building and land plot

Compliance with conditions

Even the owner is obliged to comply with the requirements for the use of land. First of all, keep in mind that if your relative offered you a part of his plot as a gift orally, without formalizing a deed of gift, then you may find yourself in a very ambiguous position.

The moment he changes his mind, falls under the influence of the opinions of other relatives, or the plot becomes the subject of inheritance from other persons, your rights will completely cease to exist. The donation agreement for a share of a land plot must be drawn up in writing , notarized, and your ownership right must be registered in cadastral records.

However, first the site must be divided.

The procedure for dividing a plot consists of the following steps:

Determine in the local administration the permitted minimum that allows a land plot to have its own independent status.
Meet this minimum, that is, calculate that the share to be donated or the share remaining with the donor is not less than the established minimum standard;
Contact a geodetic company and order a site surveying project;
Divide the plot with boundary boundaries at the request of the donor and in accordance with established standards;
Receive land survey documents;
Register the received parts of the site.

After this procedure, the allocated part of the plot can be registered at the will of the donor, to any of the relatives.

Form of land donation agreement

According to Art. 574 of the Civil Code of the Russian Federation, DD for land is drawn up in writing.

When compiling, it is important to pay attention to several points:

Subject of the transaction. It is a plot of land. It is necessary to indicate the size of the share and the cadastral number of the plot. You will need data from title documents - they need to be prepared in advance.
Parties to the transaction. They are the donor and the recipient. Multilateral DD is allowed when several recipients or donors participate in the procedure.
The start time of the contract. The DD comes into force from the moment of signing, but you can indicate execution with a delay by drawing up a contract of promise of gift. In this case, the donee will be able to re-register ownership after the date or event specified by the donor.
Rights and obligations of the parties. Typically, the donor undertakes to give the gift, and the recipient – to accept it.

Legal advice: it is better to draw up a deed of gift in the presence of all parties to the transaction so that there are no disagreements. It is recommended to contact an experienced lawyer who will study the intricacies of a particular transaction and draw up everything correctly.

Conditions

The most significant condition is the gratuitous nature of the transaction , which must be clearly stated in the deed of gift.

You cannot demand any service in exchange for a gift, you cannot charge (even an extremely small) fee for it.

If the gift agreement specifies the conditions for receiving the gift, the transaction is considered invalid and loses all its legal force.

An equally important condition is the following: the transaction is voluntary, so both parties (donor and recipient) must agree. In particular, their agreement is formalized as a separate clause in the deed of gift and supported by signatures.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87Moscow

To whom can a share of a land plot be donated?

If only an adult capable person has the right to act as a donor, then there are practically no requirements for the donee.
Young children can also obtain a plot of land under the DD, but with the consent of their parents. Permission from the guardianship authorities is not required. If the child is over 14 years old, he signs the deed of gift independently, then his presence will be needed to re-register ownership and receive a new extract from the Unified State Register. If the child is under 14 years old, the parents sign and contact Rosreestr for him.

Thus, donation is possible to a wide range of people:

close relatives;
friends, acquaintances;
spouses;
legal entities.

Important! You cannot issue a DD in favor of bank employees, employees of medical, social or educational organizations if the donor receives services or assistance there - this is prohibited by Art. 575 of the Civil Code of the Russian Federation. Donations on behalf of minors or incapacitated citizens are also prohibited.

Is it possible to draw up a deed of gift for a share without a notary?

Since 2021, any transactions on the alienation of shares must be certified by a notary. You can do without it only if the plot belongs to one person who gives a share to the second.

If there are several owners, notarization is required.

It is not necessary to notify the remaining owners about the transaction - they are only given a pre-emptive right when selling a share. But if the share was purchased during marriage, you need to obtain the notarized consent of the spouse.

Cost of notary services

The spouse's consent to the transaction will cost 500 rubles, it is drawn up before the deed of gift is certified. The fee for DD depends on the cadastral value of the share. According to Art. 333.24 of the Tax Code of the Russian Federation, its amount is 0.5% of the price of the “gift”, but not more than 20,000 rubles.

If certification is not necessary (when alienating a share on a plot with one owner), for your own safety you can contact a notary - this way, if problems arise, it will be more difficult for third parties to challenge the transaction.

Instead of a fee, in this case a tariff is paid (Article 22.1 of the “Fundamentals of Notary Legislation”), depending on who the donee is to the donor:

Spouse, parent, grandson, granddaughter, child. For a share price of up to 10 million – 3,000 + 0.2% of the amount. Over 10 million – 23,000 + 0.1% of the price over 10 million rubles.
Not a close relative at a cost of up to 1 million rubles. – 3,000 + 0.4%.

If the donee is not closely related to the donor, and the value of the share exceeds 1,000,000 rubles, you will have to pay more.

Features of taxation when donating

If land is donated, a tax will be required to be paid to the state treasury. If relatives are involved in the procedure, payment of the fee can be avoided. Privileges are granted only to persons who are close relatives.

In accordance with Article 14 of the Family Code of the Russian Federation, these are:

brothers and sisters;
husband and wife;
parents and children;
Grandmothers and grandfathers.

Single-parent or adopted children, as well as adoptive parents, are also recognized as close relatives. Persons entitled to donate land on preferential terms will only have to pay a state fee. Its size in 2021 is 2000 rubles. Additionally, you will have to pay money for the transfer of rights to the land. The amount is 350 rubles. The need for the above payments is regulated by the Tax Code of the Russian Federation.

If the state fee has not been paid, the documentation will be returned to the applicant within ten days. The deed of gift will not be considered.

If the parties to the transaction are not close relatives, you will need to pay tax. Its size is 13% of the value of the donated land. If a person does not know how to draw up a standard contract, it is recommended to use a ready-made template as an example of filling it out.

Video

How to draw up a donation agreement for a share of a land plot: step-by-step instructions

If the share has already been allocated, in order to make a gift, you need to come to an agreement with the donee, agreeing on when and in which notary office to sign the deed of gift.

The step-by-step algorithm looks like this:

Collection of documents. This is done by the donor - only a passport is required from the recipient.
Preparation of contract. The owner has the right to arrange it independently or by contacting lawyers. The second option is preferable, because only a competent specialist will provide in the deed of gift all the nuances for a specific transaction.
Signing the deed of gift. The parties sign in the presence of a notary, who first explains to them their rights and obligations, as well as the consequences of the transaction. Finally, he signs and seals it.

The agreement is drawn up in several copies: one remains in the notary’s office, one is given to the donee and the donor, the fourth will be needed in the future for Rosreestr.

Contents of the gift agreement

In order for the transfer of ownership to be registered, the agreement must contain complete and reliable information about the transaction:

Full name, date of birth, passport details, registration addresses of the parties;
address, area of the plot, cadastral number, share size, date and basis for the emergence of ownership rights;
information about the presence or absence of encumbrances;
grounds for changing or terminating the contract;
Features of DD cancellation.

At the end, the parties sign.

Sample agreement for donation of a share of land:

Documentation

When visiting a notary, you will need the passports of the parties, an extract from the Unified State Register or a certificate, a cadastral passport, a site plan, as well as a document establishing the donor’s ownership.

If the share was acquired during marriage, the consent of the donor's spouse must be provided. It’s easier to immediately have it certified by a notary, and at the same time - the deed of gift.

Appendices to the main agreement

The following documents must be attached to the agreement for the transfer of an object as a gift:

Certificates confirming information that the share is not under arrest or pledged.
Cadastral passport of the land plot.
Certificates or receipts confirming payment of tax duties and absence of debt.
When transferring part of the land and house as a gift to a relative, you will need documents confirming the family relationship.
Certificate on calculating the standard cost of land. It is issued by the district land committee.
If there is a clause on the time of transfer of land to the new owner, it is necessary to draw up a transfer and acceptance certificate.

What to do after completing the deed of gift?

Having signed the DD, the parties need to contact Rosreestr to register the new owner of the share - the donee. This service can be ordered from a notary and is provided free of charge.

An alternative option is to contact the MFC at the location of the site.

State duty

The size of the state duty varies from 100 to 2,000 rubles. depending on the category of land.

If ownership of a personal or garden plot, individual housing construction, is registered, 350 rubles are charged.

Documentation

The registrar will need the same documents as the notary.

Additionally, one copy of the deed of gift is provided, on the basis of which the donee will be registered as the new owner of the share.

How is a gift made between spouses?

If the marriage is officially registered, the donation of part of the house or land occurs without any special formalities. For the terms of the transaction to come into force, you must:

Provide a marriage certificate. If the marriage is not registered, the transaction will be carried out on a general basis.
Prepare a written deed of gift.
Have it certified by a notary.
Register the transfer of the share of the house and plot in the cadastre and cartography department.
It is impossible to terminate a gift agreement between a husband and wife even in the event of divorce.

This share cannot be the object of a property dispute during a divorce.

Taxes when donating a share of land

If the donee is a close relative of the donor, taxes do not need to be paid (Article 217 of the Tax Code of the Russian Federation).

Tax obligations arise for other categories of citizens, because receiving property as a gift is considered profit. They pay 13% of the cadastral value of the share.

The deadline for personal income tax payment is July 15 of the year following the year of registration of the DD. But first you need to submit a 3-NDFL declaration by filling it out yourself. Money should be transferred after reconciliation with the Federal Tax Service.

Taxation issues

According to current legislation, the donee must pay a tax of 13 percent on the value of the share in the land plot received as a gift.
In this case, when determining the value of a share, its market value is taken into account. You will not have to pay tax in cases where the land share is transferred into the ownership of a close relative (parents, wife, child, etc.). In other cases, tax payment cannot be avoided.

From the above we can conclude that a deed of gift for a share in a land plot has a number of features that must be taken into account when concluding a gift agreement.

Cancellation of deed of gift for a share of land

Cancellation of a DD is possible after the death of the donee, if the condition is specified in the document.

There are other grounds for annulment of a transaction in court:

the donor signed the agreement under the influence of blackmail, threats, psychological or physical violence;
the former owner did not understand the consequences of the transaction, was incapacitated or had limited legal capacity at the time of signing the DD;
the donee made an attempt on the life and health of the donor and his relatives.

The heirs of the donor who died due to the fault of the donee also have the right to demand cancellation. A court verdict that has entered into force will be required. This right is also granted to creditors of the former owner of the share if it was purchased within six months from the date the bankruptcy decision entered into legal force, and the donated land was purchased with money from business activities.

Important! According to Art. 35 of the RF IC, the spouse of the donor has the right to demand the cancellation of the DD if the share was donated without his consent certified by a notary. The statement of claim must be filed within 12 months from the moment the illegal transaction became known.

Arbitrage practice

Challenging a deed of gift for real estate is problematic: irrefutable evidence is needed that will convince the court that there are grounds to invalidate the transaction and return the donated property to the donor.

In most cases, the demands remain unsatisfied, but there are also examples of solutions where people managed to get the contract canceled:

Decision No. 2-1209/2017 2-1209/2017~M-1163/2017 M-1163/2017 dated June 20, 2021 in case No. 2-1209/2017;
Decision No. 2-1168/2017 2-1168/2017~M-818/2017 M-818/2017 dated May 29, 2021 in case No. 2-1168/2017;
Decision No. 2-3103/2016 dated September 30, 2021 in case No. 2-3103/2016.

If you want to challenge the DD in court, you need to collect maximum evidence confirming the existence of grounds. But this does not guarantee a positive result - each situation is considered by the courts individually.

Preparation of deed of gift

If the land owner wants to transfer property free of charge to relatives, he will need to prepare a package of documents. The list is regulated by the current legislation of the Russian Federation.

The parties will have to provide:

Completed application. The paper is drawn up by each of the participants in the procedure. The donor indicates that he wants to transfer the land free of charge. The recipient states that he accepts the gift.
A receipt confirming payment of the state duty. The original and a copy of the document are provided.
Passports of participants in the procedure.
Donation agreement. If the parties independently draw up an agreement, three copies of the paper can be prepared. If a notary is involved in the procedure, an additional copy will be required.
Papers confirming the existence of land rights. A copy must be provided along with the original. Specialists can independently request data from Rosreestr.
Consent of the guardianship authorities, if one of the parties to the transaction is a child. The document is provided in 2 copies.
Permission from the donor's spouse if the plot is joint property. The paper is presented in the form of an original and a copy.

Land rights can be transferred either to a close relative or to another citizen. The law does not establish restrictions. However, there are a number of conditions that serve as grounds for declaring a transaction invalid.

land donation agreement between relatives:

A concluded agreement is recognized as such in the following situations:

real estate is donated to a commercial organization;
the donor is a child under 14 years of age or a person declared incompetent;
persons working in government organizations who accept property as a gift from a ward, client or visitor;
the donor is a person who does not have permission to turn over the land.

If there is a permanent structure on the site, you cannot donate only the land. The property is donated along with the building. The parties involved in the transaction must be personally present during the execution of the contract. If such an opportunity is not available, the law allows the delegation of powers to a representative. For this purpose, a power of attorney is issued.

Video

Lawyer's answers to frequently asked questions

Is it possible to donate a share of a land plot without land surveying?

Yes, if a share in the property right is given.

Is it possible to donate a plot of land without allocating a share?

It is possible, but then it will become the complete property of the donee.

Is it possible to issue a deed of gift for a share of a plot of land provided to a family with many children from the state?

Yes. Regardless of the method of acquisition, the owners have the right to dispose of the land at their own discretion.

I want to donate a share in a plot, the second owner is a minor. Is it possible?

Yes. The presence of another minor owner does not matter, because he does not have a share.

A contract of promise of donation was drawn up for me, the donor died. Will I be able to get a share of the land?

Yes. According to Art. 581 of the Civil Code of the Russian Federation, the obligations of the donor after death pass to the heirs, unless otherwise provided by the deed of gift.

Deadlines

You can donate a share of a land plot as soon as possible:

collection of documents – 14 days;
project preparation – within 1 day;
notarization – within 1 day;
state registration – 7-10 days.

The procedure will take much longer if the share has not been properly registered. Additional time costs:

land surveying – from 1 to 6 months;
cadastral registration – 1 month;
allocation of a share by agreement – 2 days + 14 days for state registration;
allocation of a share in court - from 2 to 6 months + 1 month for the court decision to enter into legal force + 14 days for state registration.